LexANAND PARKASH SAKSENA versus UNION OF INDIA & ORS.
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A. B D E F G H [:k. N. 611 ANAND PARKASH SAKSENA v. UNION OF INDIA & ORS. December 14, 1967 WANCHOO, C.J., R. S. BACHAWAT, J. M. SHELAT G. K MITTER AND c. A. VAIDIAL!NGAM, JJ.J Indian Ad1ninistrative Service-1.A.S. Extension· tp Stat.es Schem'e-" Ofjic,er in the junior scale of pay if .has a right to a [lost in the s~n!or scale-All India Services (Discipline and Appeal) Rules 1955, r. 3--Filling of posts by non-Cadre officers, if penalty--1.A.S. R~cruilment ~u!es, 1954, r. 4(3), if bad for excessive delegation--Rerula11on of, Seniority Rules, 1954 r. 3(3)(b), Seniority of Special Recruits Regulation, 1960, regula- tion 3(3), if yiolative of Constitution of India, Arts. 14, 16. The Madhya Bharat Cadre of the Indian AdminiStrative Service was constituted in 1951 under the l.A.S. Extension to States Scheme. The Cadre included all senior po•:s. A numbe~ of junior and trainmg posts were provided to be held by officers rectuited to the cad.re before they acqu~red the experience and seniority necessary to hold senior posts. . 1:he primary source. for the initial constitution of the Cadre was the ex19Ung incumbents of the State Service. They were selected and included ID three Lists. Officers in List I were immediately appoint.ed to the Service. Officers in List II were to be taken in the service only when found suitable and those in List Ill were not to be absorbed in the service. List II and III officers were counted again& senior posts but these posts held by them were eJtcluded from the Cadre for the period they were held by thOse officers. The Cadre was to be rilaintained on. a permanent basis by direct recruitment by competitive examination and promotion of Sta!e Civil Service Officers and twenty-five per cent of the senior posts werei reserved fur the latter. The Cadre continued· ¢o be govemed by the Scheme until 1954 when the I.A.S. Recruitment, Seniority Cadre and Pay Rules were made. Rule 9(1) of the Cadre Rules provides for appointment of non· cadre1 officers to cadre posts, i.e. senior posts, if suitable cadre officers are not available and ~he proviso tp the rule preserved the arrangement under the Extension to States Scheme for the holding of cadre posts by non- Cadre officers. Under Rule 9(1) of the Recruitment Rules twenty-five per cent of the senior posts are reserved for persons recruited under. rule 8, i.e. by promotion of substantive members of the State Civil Service and by selection of those who hold gautted posts in connection with !he affairs of a State. The Special Recruitment Regulations, 1956, made under rule 4 of the Recruitment of Rules, provides for recruitmen4 by promotion to the Service by selection of persons serving in. connection with the affairs of .a State. In the matter of seniorh!y. the Regulation of seniority Rules, giv'es a promotee from _State Civil Service the year of allotment of the junior-most direct recruit officiating continuouslv in a senior post earlier than the date of commencement of such officiation by the promotee. The seniority of Special "Recruits Regulation, 1960. adopts the furmula applicable to promotees for fixing the seniority of those re- cruited by promotion un~er the Special Recruitment ReguJat~ons. ' . l)ie petitioner, a 9-irect recruit by competitivet examinaiion. was ap- pointed to a iunior post in i!.he Service on April 2. 1952. He was originaUy al.Jotted to the Madhya Bharat Cadre. which along with the former Vmdhya Pradesh and Madhya Pradesh Cadres merged in the present L2 Stip Cl/68-9 • 612 SUPREME OOURT REPORTS (1968] 2 S.C.R. Madhya Pradesh Cadre con.stituted o.n ~ovember I, 1956. He was not found suitable .10 hold a sentor post 1111 Novembe~ 17, 1956, when he was appointed to officiate in a seI1ior. po~t. At th~ ume hts appo1n1~nt to the service there were no vacancies Jn the senior posts. Vacancies arose before he was appointed !o officiate in the senior post and after. Some of the respondents who were officers of the Madhya Bharat and the .former Madhya Pradesh Stat·o Civil Services were promoted before the 10tegra- tion of the cadres on November l, 1956 to fill the vacancies aga1ns.t the t\l.·enty-five per ~nt quota and several non-Cadre officers '"'ere appointed under r. 9( I) of the Cadre Rules. Vacancies were also filled in .by p~ motion under the Special Recruitment Regulations. Jn chc gradallon List puhlishcd on January I. 1966 nll the respondents \\'er
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